How to write a competent application to the HOA and what to do if it is not accepted?

Based on the current legislation of the Russian Federation (“Housing Code” of the Russian Federation, Government Decree No. 491 of the Russian Federation “Rules for the maintenance of common property”, an agreement concluded between residents and the management company, other regulatory and sub-regulatory acts), issues of maintaining the housing stock have been transferred from state competence to the level of interaction between the management company/other organizations involved in maintaining the building and the residents of an apartment building or other residential building.

This applies to both technical communications (gas pipeline, water supply, electricity supply, and so on), and issues related to the infliction and compensation of damage within the framework of the interaction of the above-mentioned individuals and legal entities. For example, you can draw up a report about the flooding of an apartment or ask the management company to solve another existing problem.

In this regard, it is important to consider the procedure and rules for writing an application to the management company.

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Goals

On what issues can I contact the partnership with applications? Typically, an appeal is drawn up in order to eliminate any problems in the house or to draw the attention of the chairman to a problem that has suddenly arisen.

Since conflicts between owners and HOAs arise quite often, we can identify the main problems in which apartment owners make statements to the chairman:

• The roof is leaking . The text of the application must indicate the location of the leak, the causes, if known, and also propose options for eliminating the accident. The complaint should end with a request to take action.
• Flooding of the apartment . The application is drawn up indicating the reasons, apartment number and nature of the accident (it is important to describe all damage and consequences of the flood). If the flood occurred due to the fault of neighbors, then you need to write down their apartment number.
• Installation of seals on metering devices . The responsibility of the HOA is to seal the meters. The installation of seals is not always carried out in a timely manner. To achieve a result, it is advisable to write a collective statement, which outlines the essence of the problem and indicates the details of the owners.
• Rearranging trash cans . One of the common problems with apartment buildings is the location of containers too close to apartment windows. Because of this, residents suffer from an unpleasant odor. The application will need to clearly state the requirements and reasons why the tanks need to be moved.
• No heating . If the lack of heat in the house is not related to repair work or the end of the season, then a collective complaint must be filed. It is advisable not only to state the essence of the problem, but also to demand compensation due to the lack of heat supply.

Attention! There can be many reasons for filing applications, since the chairman does not always fulfill his duties in good faith and on time.

Where can I complain about the management company?

If your requests are ignored or your obligations are not fulfilled in good faith, it makes sense to file a complaint against the management company. Complaints and claims are sent to the following organizations (usually in the order indicated below):

• Complain directly to your management company . As a rule, it is written in the name of the manager. If the initials are unknown, then simply to the legal address of the company indicating the position of the person to whom the claim is addressed.
• To the administration - district or city. As a rule, there is little benefit from this, since most requests receive formal replies signed by an official who does not even read them. But, nevertheless, such a possibility of filing a complaint exists and for the sake of completeness and objectivity of the coverage of the material, it cannot be ignored.
• Housing Inspectorate (Sample application to the Housing Inspectorate for inaction of the Criminal Code). Appeals to this authority are relevant if the management company fails to fulfill its duties or performs them in bad faith. It also considers issues related to the competence of choosing a management company or other organization involved in the maintenance of a residential building. It is inappropriate to send questions related to the resolution of financial issues to the Housing Inspectorate - the legality of charges, and so on.
• Prosecutor's office. It is most advisable to contact this authority in cases of controversial financial issues (illegal charges, etc.) and in other cases of gross violation of current Russian legislation (refusal to issue documentation or failure to provide information, etc.).
• Court. If it is impossible to resolve the problem pre-trial, a statement of claim is filed in court. It is recommended to attach evidence to the application (photos and videos, receipts and so on). In most cases, a court decision is made in favor of the residents and in 85% of cases it is executed in full or in part.

If it is impossible to resolve a civil dispute pre-trial or in court, the only relevant and expedient solution remains - the initiation of a general meeting of owners of an apartment building for the purpose of re-electing a management company.

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Content

The application does not have specific rules for writing or structure . But if residents want to get a positive result and achieve fulfillment of their demands, the main points should be taken into account:

1. Document header . In the upper right corner you need to indicate the legal address of the partnership, its name, as well as the full name of the chairman. Under this information there should be information about the applicant: full name, residential address, telephone number or email address.
2. The title of the document is “Application” . It is written under the heading in the middle of the sheet.
3. Main part of the document . Here you need to describe in detail the essence of the appeal, as well as formulate clear requirements. If residents request that certain problems be corrected, their location and nature must be indicated.
4. Signature and date . If the application is a collective one, then everyone who took part in its preparation must sign.

Reference! Evidence or confirmation of a particular violation or malfunction can be attached to the application. These may be photographs or videos. Their availability is indicated at the end of the document under the “Appendix” item.

How to correctly compile an appeal?

The chairman of each HOA is selected from the permanent board members.

The manager will be directly responsible for the maintenance and periodic repairs of the house or houses included in the partnership.

Also, the chairman will be responsible for managing the finances that come from residents.

Each of the citizen members of the community has the right to unhindered access to the organization’s office, since they can receive a report on the funds spent . Every tenant has the right to review the report.

An oral appeal to the management of the HOA has no legal force. To get a real answer to your requirements, and for the requirements to have consequences, you need to carefully prepare the necessary document.

How to write correctly?

The application is written on a sheet of A4 paper in black or blue ink. Printing text on a computer is allowed. Text style is official. The use of jargon and slang is unacceptable. If we are talking about a violation by the chairman of his official duties or the rights of owners, it is recommended to refer to articles of law.

The document is drawn up in 2 copies. The first is submitted to the HOA, the second remains in the hands of the applicant as evidence of a written application.

Here is an example of writing a statement about a roof leak.:

1. Fill out the header of the document . Example: To the Chairman of the HOA “Rassvet”, Volgograd, st. Nikitina, 23, Eliseev P.P. from Goryunov B.B., living at the address: Volgograd, st. Elovaya, 20, apt. 2., phone number: 8-900-876-943-71.
2. The main part in this case should begin with the fact that a leak has been detected. Variant of writing: “On Friday, September 15, 2017 at 15:00, I discovered a roof leak at the address. Elovaya, no. 20, apt. 2. The location of the leak is the corner of the ceiling adjacent to the façade of the building.”
3. Next you need to point out the consequences . Example: “As a result of a leak in the kitchen, the whitewashed ceiling was damaged (damage area 2 sq. m.); The wallpaper came off the walls, the TV broke due to water getting into the case. The leak was caused by the HOA.”
4. In the next paragraph, it is necessary to cite the articles of the law , in accordance with which the applicant’s rights were violated, and refer to the fact that the HOA is obliged to provide high-quality services for maintaining the house. Example: “HOA “Rassvet” is a provider of services for the maintenance of common property, therefore it is obliged to provide consumers with services that meet the requirements of the standards. At the moment, MKD maintenance services are provided with violations (Article 4 of the Law “On Protection of Consumer Rights” and Article 10 of PP No. 491 of August 13, 2006).
5. The last paragraph should contain the statement of the requirement . Example: “Guided by Article 4 of the Law “On Protection of Consumer Rights” and Article 40-42 of PP No. 491, I demand that you immediately take measures to eliminate the leak within 24 hours and carry out repairs to the premises damaged as a result of flooding.”
6. In conclusion, you can clarify further actions that will follow if the HOA does not take measures to correct the problems. Example: “If the Rassvet HOA refuses to fix the leak, I intend to file a complaint with the Housing Property Inspectorate and the prosecutor’s office due to your organization’s violation of Art. 7.22 Code of Administrative Offenses of the Russian Federation.”

Important! If other documents are submitted along with the application (photo or certificate of examination), then their list must be indicated at the very end under the “Appendix” item.

What questions can you contact the Criminal Code?

To understand whether the management company can resolve a specific issue, you should find out whether it falls within the competence of the management company. According to Part 2 of Art. 162 of the Housing Code of the Russian Federation, the management company undertakes:

• perform work and (or) provide services for managing an apartment building;
• provide services and perform work on proper maintenance, current and major repairs of common property;
• provide utility services: for example, cleaning entrances and local areas, carrying out landscaping work;
• ensure the readiness of engineering systems: carry out scheduled inspections and, if necessary, repair them, install meters;
• carry out other activities aimed at achieving the goals of managing an apartment building: carry out insulation of walls, control over the process of capital renovation and other responsibilities that may be established by an agreement for the management of an apartment building (MKD).

Accordingly, you can write a complaint to the management company in the following cases:

• incorrect calculation of utility bills was made;
• the services provided for in the MKD agreement were provided improperly or were not provided at all. For example, the entrance is not washed according to schedule, burnt-out lamps are not replaced;
• poor quality of utility services: low hot water temperature, power outages, untimely heating connection, etc. For example, you can write a heating complaint to the management company.
• no current or major repairs are carried out;
• the condition of engineering systems and house communications is not monitored;
• the maintenance of common property does not meet sanitary standards: there are cockroaches or rodents, it is too dirty, etc. In these cases, a complaint is filed regarding the maintenance of the entrance.

Important! The management company does not have the right to unilaterally increase tariffs for house maintenance, introduce additional fees, reduce the scope of services provided, or otherwise change the terms of the apartment management agreement. All these issues should be submitted to the general meeting of owners of apartment buildings.

In addition to appeals arising from the management agreement for apartment buildings, residents can submit the following appeals to the management company:

• complaints about the actions or inaction of management company employees: cleaners, janitors, engineers, electricians, etc.;
• complaints about harm to the life or health of residents, property damage in common areas or in the local area: snow and icicles falling on cars, injuries resulting from a fall on a slippery porch, etc.;
• requests for information. The list of information that the management company is obliged to provide upon request is contained in the Decree of the Government of the Russian Federation of September 23, 2010 No. 731 “On approval of the standard for information disclosure by organizations operating in the field of management of apartment buildings.” In particular, this is information about the income received by the company, work plans, as well as compliance of the quality of services provided with state or other standards;
• application for commissioning of individual metering devices.

How to correctly write a claim for a defective product and a refund?

How and where to complain about the management company or housing and communal services? Step-by-step instruction

Innings

The document can be submitted in two ways:

• personally take it to the HOA;
• send by email.

It is advisable to use the first option, since email messages are not recorded in the HOA log, which means that a response and result may not follow.

As in any organization, in an HOA it is very important to ensure that the partnership’s documentation is in order. Read about how to correctly draw up documents, including employment contracts, powers of attorney and audit commission reports.

If they don't accept

What to do if your application was refused? In this case, you need to file a complaint with higher authorities:

1. Housing inspection . This organization must be contacted regarding violations in the work of the HOA and its failure to fulfill its direct responsibilities.
2. Prosecutor's office . It makes sense to complain about the HOA if we are talking about financial fraud and gross violation of the laws of the Russian Federation.
3. Court . Filing a complaint to court is then appropriate. when appeals to previous authorities did not give a positive result.

A well-written statement does not guarantee a solution to the problem , but it increases the chances of obtaining the desired effect. If the request is not satisfied, the applicant must receive a written response from the chairman regarding the refusal.

Terms of consideration

Depending on the subject of the appeal, the legislation establishes different deadlines for the Criminal Code to make a decision on the application.
These deadlines can be found in Government Decree No. 354. If these deadlines are violated, you can complain to higher authorities. Applications are considered immediately or within 24 hours (clause 31 of the RF PP No. 354):

• on recalculation of utility bills;
• on obtaining readings from public meters;
• about violation of the quality of provision of public services;
• on drawing up a report on the damage caused;
• requests for information about the organization.

Within 2 working days, an application to change the amount of payment for the maintenance of residential premises is considered when providing services and performing work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration (clauses 8, 9 of the PP RF No. 491).

Within 3 working days (clause 31 of RF PP No. 354):

• application for information on the volume of consumed utilities;
• application for putting an individual metering device into operation;
• request to receive a copy of the acts drawn up in relation to the applicant.

Within 5 working days (clause 91 of the RF PP No. 354), the application is considered:

• on recalculation of the amount of payment for utility services during the period of temporary absence of the consumer;
• on providing information on the list and frequency of work and services.

Within 10 working days (clause 31 of RF PP No. 354, clause 36 RF PP No. 416):

• application for verification of the condition of individual, common (apartment) metering devices, distributors;
• requests for other information.

Within 30 calendar days the following will be considered:

• individual or collective request (appeal) of persons who are not the owners or users of premises in the apartment building.